Phil Hogan (Carlow-Kilkenny, Fine Gael)

I thank the Deputies who made contributions on Second Stage of this Bill, Members generally for their attendance over the course of the debate and their good wishes to the Minister of State, Deputy Penrose, and I in regard to our duties over the next while. I note the matters raised and I will reflect on the contributions made by Deputies in the context of progressing the Bill through Committee Stage.

It is my intention to have this Bill enacted at an early opportunity and I hope we can work constructively through any issues arising from the debate when the committees are established in May. As I stated when presenting this Bill to the House, my principal aim is to provide clarity in the waste policy area. This Bill is the first step in providing that certainty but it marks an important step in the development of a waste policy that will be in accordance with the EU waste hierarchy, with the key focus initially being on the immediate and significant challenge of diverting waste from landfill.

Using the guiding principles I have outlined, the new waste policy will be completed by the end of this year. The core objective of this Bill, in conjunction with the forthcoming waste policy, is to ensure that Irish businesses and householders have sustainable and efficient waste services that comply with Ireland's EU obligations. Furthermore, increased penalties and a new scheme of graduated fixed payment notices for offences under the Air Pollution Act will safeguard the improvements in our air quality which have resulted from the smoky coal ban.

Some Members referred to the increases in the landfill levy. These increases are considered necessary to make progress in meeting our EU obligations but they are only one element of waste management costs. There are programmes to support businesses and households to minimise waste generation and reduce costs. These programmes are administered by the EPA.

Other Members referred to the areas covered by the ban on smoky coal under the Air Pollution Act. These include Dublin city and county, Cork city, Limerick city, Drogheda, Arklow, Dundalk, Wexford town, Celbridge, Galway city, Leixlip, Naas, Waterford city, Bray, Kilkenny, Sligo and Tralee. Further information on the solid fuel regulations of 1988 are available on the EPA website.

The smoky coal ban applies to bituminous coal only, not other fuels such as wood or peat. Smokeless coal is widely available and is an effective alternative. The price difference between smoky and smokeless coal has reduced considerably since the ban. The price is dependent on the retailer but the difference can often be as low as 1% to 3%. The EPA recently reported that the impact of smoky coal burning in smaller towns, which remain outside the ban, is putting pressure on air quality in these towns. Ambient air in these towns can have a similar or higher level of pollutants than large cities, despite the much lower traffic volume. I will shortly be consulting on a range of options to ensure the smoky coal ban, which has played such a vital role in improving our air quality, continues to be effective in delivering improvements where needed. As part of this consultation, consideration will be given to extending the number of urban areas covered by the ban with the aim of improving ambient air quality in these areas. The ban is on the sale and distribution of rather than use of bituminous coal. The amendments which I propose to introduce to the Air Pollution Act 1987 are specifically intended to support the enforcement activities of local authorities. In particular, it will now be open to local authorities to issue a fixed payment notice for breaches of the ban. As the ban relates to the sale and distribution of, as opposed to use of, smoky coal, such penalties would typically be incurred by retailers or distributors and not householders. This measure will support more efficient and direct enforcement of the ban. Cork County Council brought a successful prosecution for breach of the ban in 2010. I encourage our partners in local government to take a proactive approach to implementation of the ban. The measures to be enacted in this Bill are intended to support them in doing so.

I indicated in my opening speech that the Government has agreed that, subject to the enactment of the Bill, the rate of landfill levy will increase from €30 to €50 per tonne from 1 September 2011, which allows a sufficient lead-in time for the waste industry to prepare for them. I take on board some of the suggestions in relation to this being an increase in cost. More important, it will ensure we will have a concentration of minds in regard to diverting from landfill. If we do not do so, we will not be able to meet our EU obligations in 2013. The levy will increase again next year and the following year. I want to provide certainty to the industry in regard to what is intended during the next few years.

The proposed rates for landfill levy are comparable to those applicable in the UK, currently at £56 per tonne and due to rise in increments of £8 per annum until at least 2014, when it will reach £80. We must urgently accelerate the move away from landfill and the development of alternative waste infrastructure. If we fail to comply with landfill directive limits in 2013 and 2016, Ireland will face daily fines for non-compliance which would fall to be borne by the taxpayer. Although I have inherited this situation of having to make up for time lost, I am determined to do everything I can to avoid the imposition of fines on this State.

In addition, the Bill will provide an opportunity for the development of new and innovative uses for waste which hitherto had been held back by the availability of disposal as the cheapest but most environmentally unsound option. It should be realised that disposal costs are just one element of the cost of managing our waste. In progressing the Government's commitment to change the structure of the household collection market, other elements such as collection charges can also be addressed. Such an approach will also provide a means of addressing waste management provision for low income households, in line with a recent Ombudsman report.

As I indicated in my opening speech, I have been examining measures in this Bill in relation to the waste facility levy against the background of the transposition of the waste framework directive into Irish law and will announce my decision in this regard on Committee Stage. While I have no immediate plans to increase the existing plastic bag levy of 22 cent, my Department will continue to monitor consumer usage. In addition, the national litter pollution monitoring system, NLPMS, reports on the proportion of all litter that is accounted for by plastic bags. I take on board the suggestions made by Deputies Dowds, Jim Daly and Kevin Humphreys who put forward some specific ideas I might consider in respect of dealing with other items that constitute litter. Amendments to the rate of the levy are limited to changes in the consumer price index. I am providing for more flexibility in regard to the imposition of charges on plastic bags in the future. The per capita usage of plastic bags was 24 in 2009. Data indicate that this figure fell to 21 in 2010.

Some attention was given during the debate to the issues that will arise for consideration on Committee Stage. Before outlining some of these, I take this opportunity to acknowledge the contribution of our educational system in assisting our young people in environmental awareness in terms of the littering and pollution of our countryside and so on. I am examining the role of local authorities, as regulators and service providers, in the context of the EU services directive referred to by Deputy Tom Fleming.

I also acknowledge the contributions made by Deputies Lawlor, Coffey and John Paul Phelan on issues not alone relating to the plastic bag level but to landfill legacy issues and the Environmental Protection Agency. An EPA review is under way, the report of which I hope to receive in the next few weeks. I am sure I will be appearing before an Oireachtas committee in the future to discuss that report and any recommendations it contains, at which point Deputies will have an opportunity to engage further on the matter. Deputy Coffey has a long-standing commitment to cleaning up Portlaw. I am aware of the many legacy issues there. It is hoped, through the Deputy's membership of Dáil Éireann, that the Government will be able to assist him in addressing some of the problems in that area, in particular the legacy landfill site.

Other amendments that will be discussed on Committee Stage relate to the Aarhus Convention which obliges countries who are parties to the convention to meet requirements relating to access to information, public participation in decision making and access to justice in environmental matters. The programme for Government contains a commitment to complete ratification of the convention. We are delivering on this commitment by addressing that matter in this legislation. Several pieces of legislation have been used to address requirements under the convention, with the result that Ireland is now largely compliant with its provisions. The Office of the Attorney General has advised that a number of further measures are required before the ratification process can be completed. I also intend to introduce a provision which will enable any person to challenge in the courts a breach of a consent or licence where such a breach has an environmental impact. Consent will be broadly defined and will include IPPC licences, waste water licences, GMO licences, and so forth. Amendments will be made to the Planning and Development Acts 2000-2010 to ensure the judicial review provisions under the planning Acts are fully compliant with the Aarhus Convention.

The Office of the Attorney General has advised that the insertion of a new Part into the Environment (Miscellaneous Provisions) Bill 2011 is urgently required to provide essential technical amendments to the Planning and Development Acts 2000-2010. The new Part will make essential technical amendments to the planning Acts, including the insertion of definitions of "operator" and "quarry". Technical amendments are required to previously enacted amendments to sections 157 and 160 of the Planning and Development Act 2000 which provided that the existing seven year limitation on the taking of enforcement action for unauthorised development is removed in the case of quarrying and peat extraction. Other technical amendments will also be provided for, including a provision which will introduce a minimum threshold of 100 bed capacity to health infrastructural developments which should be sent directly to An Bord Pleanála under the strategic infrastructure consent procedure.

The Local Government Act 1998, as amended by the Local Government (Road Functions) Act 2007, will be amended to allow payments from the local government fund to the Minister for Transport to be expended on national roads and in the sustainable transport area. An additional amendment to the Air Pollution Act 1987 will be made to further support the implementation of the smoky coal ban. To ensure authorised officers are able to carry out their functions effectively, I will provide for assistance to be given by a member of the Garda Síochána where it is so requested by an authorised officer in cases where they are met with obstruction in exercising their functions. This amendment will also provide for a member of the Garda Síochána, who is of the opinion that a person is committing or has committed an offence under the relevant sections of the Act, to arrest the person without warrant. This is similar to existing provisions supporting litter wardens in carrying out their functions under section 23 of the Litter Pollution Act 1997. For the avoidance of doubt, the Waste Management Act will also be amended to provide legal certainty for the making of payments to international organisations from the environment fund. Amendments required to underpin certain transfers of functions arising from the reorganisation of ministerial and departmental responsibilities will also be brought forward.

Meeting our EU obligations in respect of waste policy is a priority for me. I want to ensure Ireland makes progress in the development of a sustainable waste management sector. There are opportunities and challenges presented by the need to reorientate the way we deal with our waste. Ireland has a number of companies and individuals with innovative ideas to create jobs from the changes required in the sector. By moving to restructure the household collection market, we can address some of the concerns in relation to service provision, quality and cost.

I have indicated that the Government's waste policy will adhere to the waste hierarchy and will deliver for Irish householders and businesses. Such a policy cannot be about any one approach. It must be evidence-based and must be centred on delivering the best possible environmental performance and value for money. I thank Deputies for their constructive contributions to the Second Stage debate on this legislation, which I will carefully consider and try to address on Committee Stage.

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